Paharpur Cooling Tower Limited vs Sinnar Thermal Power Limited & ...
2020 Latest Caselaw 688 Del

$~A-35 & 37
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                       Date of decision: 31.01.2020

+       ARB.P. 63/2020 and IA 1181-1182/2020
        PAHARPUR COOLING TOWERS LTD.                      ..... Petitioner
                              Through   Mr. Sandeep Sethi, Sr. Advocate with
                                        Ms. Smarika Singh, Mr. Shreya Sircar
                                        and Mr. Yashna Mehta, Advocates.
                              versus

        SINNAR THERMAL POWER LIMITED           ..... Respondent
                    Through  Mr. Jeevesh Nagrath, Mr. Kushagra
                             Pandit and Mr. Chandan Dutta,
                             Advocates.

+       O.M.P.(I) (COMM.) 338/2019, I.A. Nos. 14195/2019, 14196/2019,
        17841/2019
        PAHARPUR COOLING TOWER LIMITED                     ..... Petitioner
                              Through   Mr. Sandeep Sethi, Sr. Advocate with
                                        Ms. Smarika Singh, Mr. Shreya Sircar
                                        and Mr. Yashna Mehta, Advocates.
                              versus

        SINNAR THERMAL POWER LIMITED & ORS. ..... Respondents
                     Through  Mr. Jeevesh Nagrath, Mr. Kushagra
                              Pandit and Mr. Chandan Dutta,
                              Advocates.
        CORAM:
        HON'BLE MS. JUSTICE JYOTI SINGH



ARB.P. 63/2020 & co. matter                                          Page 1 of 3
 JYOTI SINGH, J. (ORAL)

1. Mr. Sethi, learned senior counsel for the petitioner, on instructions, submits that the petitioner has no objection to the appointment Mr. Justice A.K. Pathak, former Judge of this court as a Sole Arbitrator, as suggested by the respondent.

2. With the consent of the parties, Mr. Justice A.K. Pathak, former Judge of this court is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

3. The address and mobile number of the learned Arbitrator is as under:

Mr. Justice A.K. Pathak Former Judge of Delhi High Court, AB-84, Shajahan Road New Delhi-110003 Mobile: 9910384602

4. The learned Arbitrator shall give disclosure under Section 12 of the Act before entering upon reference.

5. Fee of the Arbitrator shall be fixed as per Fourth Schedule of the Act.

6. The parties further agree that the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 would be treated as pleadings in the application under Section 17 of the Act and all issues raised herein will be decided by the Arbitrator as expeditiously as possible, after the constitution of the Arbitral Tribunal.

7. Learned counsel for the respondent submits that all the issues raised herein by the respondent including the preliminary issue of limitation, be kept open for decision by the Arbitral Tribunal and counter-claim(s) be also adjudicated by the same Arbitrator.

8. It is open to the parties to raise all issues raised herein including that

of limitation by the respondent, before the Tribunal. Counter claim(s), if any, by the respondent will also be decided by the Tribunal.

9. Vide order dated 11.10.2019 this Court had granted status quo on the invocation of the bank guarantees bearing No. 0006BGOO102210, 0006BGOO153510 and 0006BGOO162410 drawn on Respondent No.2 and Bank Guarantee No. 014GT02102330002 drawn on Respondent No.3. The status quo shall continue till the Arbitral Tribunal considers the application under Section 17 of the Act.

10. The petitioner will keep the bank guarantees alive, till further orders by the Arbitral Tribunal on this aspect. The Arbitral Tribunal is at liberty to vary, continue or vacate the interim order after considering the application under Section 17 of the Act.

11. The petitions are disposed of along with the pending applications in the aforesaid terms.

JYOTI SINGH, J JANUARY 31, 2020 yo/